Trademarking a slogan – the why and how

The right slogan can be of tremendous value to your brand identity, and so learning how to trademark one is a vital Intellectual Property (IP) lesson. Let us take a detailed look at the surprisingly complex status of catchphrases in IP law. What exactly is a slogan? The definition provided by the United States Patent and Trademark […]

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Playing trademark hardball: Supreme Court of Appeal decision in POLO dispute

A decades-long saga about the POLO brand and what it means to consumers in South Africa saw its most recent play on February 23, 2022, when South Africa’s Supreme Court of Appeal handed down an important trademark judgment in LA Group (Pty) Ltd v Stable Brands (Pty) Ltd and Another (Case no 650/2020). The origin of the […]

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Different IP protections, and why you might need them

he realm of Intellectual Property (IP) holds a far greater diversity of protections than most of us realize. There is a way to safeguard your intangible assets for just about every scenario. The majority of your Intellectual Property portfolio can be covered by the three most common seals of IP authorship – patents, trademarks and […]

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Everyday IP: The iconic elegance of Italian cars

If you wanted to make a list of the most creative talents in Italian history, you would gather a host of names ranging from Michelangelo and Leonardo da Vinci to Federico Fellini and Sophia Loren. But you would be remiss in your efforts if you did not mention the greats of Italy’s automotive industry: Enzo […]

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Berman v. Freedom Financial Network, Browse-Wrap May Be Dead

Most companies used browse-wrap (terms and conditions which require no customer consent) to present their terms of service to the consumers, usually via hyperlinks. Due to Berman v. Freedom Financial Network, browse-wrap may be dead. The classic use of browse-wrap is to steer any dispute with the user either into arbitration or at least choosing the […]

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Five key takeaways from IP Trend Monitor 2022

The Intellectual Property (IP) sector is dynamic and complex, unlike any other. That is why those best placed to keep their finger on its pulse are seasoned IP professionals living the day-to-day business realities of their trade. It is exactly these experts that Dennemeyer surveys for the annual IP Trend Monitor study in collaboration with […]

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Ecommerce and International Letters of Credit

In order to enrich EmergeCounsel’s ability to counsel its ecommerce and other business and IP clients in the international marketplace, I am studying International Trade at the World Trade Center, Denver. In this article, I focus on the nuances of international finance law. U.S. Congressional findings accent that over 90% of ecommerce goods are imported into the […]

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IR Global Press Release with Steven Weigler- The Rise Of Influencer Marketing: How To Protect Your Company’s Liability

Unless you have a flip phone, you are exposed to influencer marketing every day. Influencing started as something only pro-athletes and celebrities could accomplish by having their face associated with cereal (think Michael Jordan) and shoes (think Michael Jordan). Not anymore. According to mediakix.com, there are between 3.2 million and 27.8 million influencers on Instagram, YouTube, […]

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New opportunities in the legal industry

The explosion of the financial technology or “fintech” industry has been one of the most notable developments of the global financial services industry in recent years. The fintech industry is comprised of companies that make use of new technologies to provide financial services traditionally offered by banks, companies that partner with banks to provide financial […]

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“When Software is a Medical Device: The FDA Guidance on Premarket Submissions for Device Software Functions”

Are smart watches and smart phones now considered “Medical Devices” under the Food Drug & Cosmetic Act? Questions like these have began percolating throughout the world as consumer based devices become more sophisticated and provide medical information to consumers and medical providers alike. In November 2021, the FDA drafted a “guidance document” regarding recommendations for […]

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TALG Business Law Update 3.27.22

EC’s Proposed Rule Regarding Cybersecurity Breach Notifications On March 9, 2022, the United States Securities and Exchange Commission (“SEC”) has proposed a rule requiring publicly traded company to disclose “material” cybersecurity breaches within 4 days of the breach. Companies would report material breaches via Form 8-K if the breach occurs prior to annual or quarterly […]

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